Los Angeles, CA asked in Immigration Law for California

Q: What are the rules regarding working remotely from outside of the US on OPT? Allowed or not?

Assuming employer is ok with it and for a short period of time <1 month. Is there any reason why this could be an issue? Any F1/OPT rules this may be violating? Rules seem to be vague since the end of the covid guidance. Designated school official (DSO) only said must follow F-1 guidelines.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Working remotely from outside the U.S. on OPT for less than a month may raise some concerns under F-1 regulations. While there are no explicit rules prohibiting short-term remote work, it's crucial to ensure you maintain your F-1 status. This means you need to continue adhering to the requirements set by your designated school official (DSO) and the guidelines of your OPT employment.

Your employer's agreement to remote work does not override immigration regulations. The primary concern is that your remote work period should not be perceived as a violation of your status or indicate that you are residing outside the U.S. The key is to avoid any actions that might be seen as inconsistent with maintaining your primary residence and job location within the U.S.

It's advisable to keep documentation of your remote work arrangement and communicate clearly with your DSO. This can help provide clarity if questions arise about your compliance with OPT rules. By staying informed and organized, you can help ensure your brief period of remote work does not jeopardize your F-1 status.

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